Ohio lawmakers seek to limit local authority over fossil-fuel use

A hydraulic fracturing, or fracking, rig is seen Oct. 17, 2011, on the Utica Shale formation in Ohio.

A drilling rig is seen Oct. 17, 2011, on the Utica Shale formation in Ohio. (Plain Dealer file)Gus Chan, The Plain Dealer

COLUMBUS, Ohio—Ohio Republican lawmakers are again looking to hamstring local governments’ ability to pass pro-environmental ordinances -- this time, by cutting off potential attempts by communities to rein in the use of fossil fuels.

Twin bills introduced in the Ohio House and Senate would, if passed, prevent local governments from limiting residents’ use of natural gas. A third bill, introduced in the House, would prevent local bans on oil or gas pipelines, as well as restrictions on the use of any fossil fuel for electricity generation.

Environmental activists in Ohio and other states who feel stymied by GOP-dominated state legislatures have increasingly turned to local governments to pass a wish-list of initiatives that promote green energy and cut carbon emissions.

Republican lawmakers, who oppose such efforts for both ideological and practical reasons, have increasingly focused on heading them off. Last fall, Gov. Mike DeWine signed a bill imposing a one-year moratorium on local bans of plastic bags.

The bills to block limits on natural gas use, House Bill 201 and Senate Bill 127, will ensure residents have access to a reliable source of heat in the winter, said state Rep. Jason Stephens, a Lawrence County Republican who introduced the House version.

Stephens said while he hasn’t heard of any Ohio cities restricting natural gas use, dozens of cities on the East and West Coasts have voted to ban natural-gas hookups for new buildings to reduce emissions that cause global warming.

Bills similar to Stephens’ prohibiting such bans have already been passed in Arizona, Tennessee, Oklahoma and Louisiana.

Stephens, who chairs the Ohio House Energy and Natural Resources Committee, said people he talked to from the natural gas industry indicated this was “a big concern” for them.

Given Ohio’s significant natural gas reserves, Stephens said, “It only makes sense to me that if we have that abundant source of energy, that we make sure that we are allowed to use it and we don’t restrain folks who want access to it.”

The legislation prohibiting local bans on fossil fuels for power generation, House Bill 192, was introduced by Republican state Rep. Al Cutrona of Mahoning County.

Cutrona said he’s concerned restricting fossil fuels for electricity will lead to higher power bills and more stress on cities. “We all recognize that as we shift into the 21st century that there’ll be changes that occur,” he said. “But some of these things aren’t realistic to the timeframes that many of these places are doing.”

So far, no Ohio cities have passed ordinances directly banning the use of fossil fuels for electricity. But several cities, including Cleveland, Columbus, Cincinnati and Lakewood, are working on initiatives to eventually obtain 100% of their power from clean-energy sources.

While those efforts would, when implemented, effectively serve as a ban on electricity from fossil fuels, Cutrona said he wasn’t sure whether his bill would overturn those clean-energy initiatives. “I’d have to see a little bit more how that would play out,” he said.

When asked why communities shouldn’t be allowed to decide such issues for themselves, Cutrona said he is working to do what’s best for his district and the state of Ohio. “There’s always that balance (between local and state control) that needs to be in place,” he said.

Neil Waggoner, campaign representative for the Sierra Club’s Beyond Coal Campaign, said there’s a growing “electrification” movement that seeks to pass local bans on natural gas and other fossil fuels. That fight has pitted major environmental groups and climate-conscious local officials against utilities, the oil and gas industry, and conservative lawmakers.

While the battleground for the electrification movement is, for now, mostly on the East and West coasts, Waggoner said fossil-fuel interests are seeking to head off efforts in other states, such as Ohio, with the help of sympathetic state lawmakers.

The natural gas industry in Ohio is “being a little more ham-fisted about it now,” Waggoner said. “You know, because they can.”

Stephens and Cutrona each said they came up with their respective bills on their own and were not approached about the bills by any outside groups. Cutrona said he didn’t know about Stephens’ natural-gas bill until Stephens sent a letter asking other lawmakers to co-sponsor his legislation.

“I guess great minds think alike,” Cutrona said.

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